CARLETOITS MGESi 

or THfc 

MAINE FISH Affl> GAME LAWS. 

1899. 



LIBRARY OF CONGRESS 



000125^3442 



LIBRARY OF CONGRESS, 



Chap. Copyright No.. 

\M>-1- BheltJ>K4&& 

,M 

UNITED STATES OF AMERICA. 



49822 

T WO COPIES RECEIVED. 








To the Honorable Henry O. Stanley, of Dixfield, 
Maine, the foremost fish culturist and angler in New 
England, who for nearly a third of a century has 
devoted his time and talents, and without any adequate 
remuneration, to the propagation and protection of fish, 
and under great discouragements, I dedicate this little, 
unpretentious volume. That he may live yet many 
years to enjoy the fruition of his intelligent labors is 
the sincere wish of that great throng of his friends 
who have learned to respect and admire him. 






SECOND COPY, 






o^ 



%^ 



^ 



PREFACE. 

The legislature of 1899 enacted a law which is chap- 
ter 42 of the Public Laws of 1899— revising, consolidat- 
ing, amending and simplifying all the laws pertaining 
to inland fisheries and game, both public, and private 
and special, and every law pertaining to inland fisheries 
and game, whether public, private or special, is herein 
contained and may be found in the chapter above 
referred to of the Public Acts of the legislature of 1899. 
All rules and regulations heretofore adopted by the 
commissioners are repealed and we start with a clean 
slate with this revision. 

A few rules and regulations have been adopted since 
the adjournment of the last legislature by the commis- 
sioners, which have the force of law, and are incorpo- 
rated herein, with notes of the decisions of the courts 
and explanations. I venture to give my interpretation 
of the various enactments upon which I am most fre- 
quently inquired about. 

The edition of 10,000 copies of chapter 42, Public 
Laws of 1899, printed for free distribution by order of 
the legislature, is entirely exhausted. 

That this little, unpretentious compilation may be of 
some benefit to our wardens, visiting sportsmen, and ail 
those interested in the great subject of inland fisheries 
and game in the State of Maine, is the sincere wish of 
the author. 

Augusta, November 1, 1899. 



CARLETON'S DIGEST 

Of the Inland Fish and Game Laws of the 
State of Maine* 

What the law is explained and stated in plain lan- 
guage, with citations from decisions of the courts, and 
forms for petitions, complaints, etc. 

"A state has the constitutional right to regulate the 
killing of game, birds and fish within its borders, ;md 
confine their use to the limits of the state, and forbid 
its transmission outside of the state." Decision United 
States Supreme Court, 161 U. S. Reports, page 519. 

It is lawful under the Constitution for a state to 
allow the killing of birds within the state, during a 
designated open season, to allow such birds when so 
killed to be used within the state, and yet to forbid 
their transportation beyond the state. 

From the earliest traditions the right to reduce ani- 
mals, ferae naturae, to possession has been subject to 
the law making power. United States Supreme Court. 
161 U. S. Reps., 522. 

The human race having multiplied, men partitioned 
among themselves the earth and the greater part of 
those things which were on its surface. That which 
fell to each one among them commenced to belong to 
him in private ownership, and this process is the origin 
of the right of property. Some things did not enter 
into this division, as the air, the water which runs in 
the streams, and the sea and its shores, and great ponds, 
and wild animals, birds and fish. Melin and Pothier. 

"There are things which belong to no one, and the 
use of which is common to all. Police regulations 
direct the manner in which they may be enjoyed. 
Hunting and fishing is also regulated by Special Laws." 



Provisions of the Napoleon code, quoted and endorsed 
by the U. S. Supreme Court, 161 U. S. R., 526. 

"This attribute of government to control the taking 
of wild animals was recognized and enforced by the 
common law of England, and was vested in the colonial 
governments. The power which the colonies thus 
possessed passed to the states, with the separation from 
the mother country, and remains in them to the present 
day." Ibid. 

The state has jurisdiction to regulate and control the 
fisheries in the waters of the state, both tidal and inte- 
rior waters. The right to fish in its waters is not a 
privilege of the citizens in the several states ; granting 
to citizens of this state the right to fish for and take 
fish in a manner and for a purpose not given to citizens 
of another state is not unconstitutional. 84 Me., p. 444. 

The Massachusetts Bay Colonial Ordinance of 1641, 
as amended in 1647, which is an early declaration of 
common rights and liberties, declared among other 
things as follows : 

"And for great ponds lying in common, though with- 
in the bounds of some town, it shall be free for 
any man to fish and fowl there, and may pass and 
repass on foot through any man's property for that end, 
so that they trespass not upon any man's corn or 
meadow." 

Massachusetts Colonial Ordinance 1641-1647 is the 
common law of the whole state. Barrows v. McDer- 
mott, 73 Me., 441. 

A "great pond" is a pond containing more than 10 
acres. Auburn v. Water Power Co., 90 Me., 576. 
State owns them, 86 Me. 319. 

One may go to great, ponds on foot through unin- 
closed woodlands, but may not cross tillage or mow- 
ing land. Barrows v. McDermott, 73 Me., 441. 

"The wild game within a state belongs to the people 
in their collective, sovereign capacity. It is not the sub- 
ject of private ownership except so far as the people 
may elect to make it so ; and they may, if they see fit. 
absolutely prohibit the taking of it, or traffic or com- 



merce in it, if it is deemed necessary for the protection 
or preservation of the public good. We take it to be 
the correct doctrine in this country that the ownership 
of wild animals, so far as they are capable of owner- 
ship, is in the state. So far as we are aware, it has 
never been judicially denied that the government under 
its police powers may make regulations for the preser- 
vation of game and fish, restricting their taking to cer- 
tain seasons of the year. * * * The right to preserve 
game flows from the undoubted existence in the state 
of a police power to that end, which may be none the 
less efficiently called into play, because by so doing 
interstate commerce may be remotely effected." Geer 
v. Connecticut, 161 U. S. R., 519. 



Moose. 

Sees. 17 and 20. Cow and calf moose shall not be 
hunted, chased, caught, or killed at any time, under a 
penalty of not. less than $500.00 nor more than $1,000.00, 
or imprisonment not exceeding four months. 

Sec. 17. A calf moose is one "that is at least a year 
old and has at least two prongs or tines to his horns." 

Sees. 17 and 20. Open season on bull moose is from 
October 15th to December 1st of each year. Close time 
on bull moose, in which it is unlawful to hunt, them at 
all, is from December 1st to October 15th of each year. 
And no person in open season shall hunt, kill, or have 
in possession more than one bull moose, or parts there- 
of. Penalty not less than $500.00 nor more than 
$1,000.00, or not exceeding four months' imprisonment. 



Six Years Close Time on Caribou. 

Sec. 19. It is unlawful to hunt, chase, catch, kill or 
have in possession any caribou, or part thereof, before 
October 15, A. D. 1905. Penalty same as on moose. 

(Note.) When firm had three caribou each partner 
held liable. Allen vs. Leighton, 87 Me., 206. 



Deer. 

Sees. 18-20-21. It is unlawful to hunt, kill, chase, 
catch or have in possession any deer, or part thereof, 
between December 15th and October 1st, and no person 
during open season shall kill or have in possession more 
than two deer, or parts thereof. Penalty $40 and costs. 

One Deer for Food Purposes in September. 
Sec. 21. It is lawful from September 1st to October 
1st of each year, to kill one deer, for food purposes 
only, to be consumed in the locality where taken, by the 
person taking the same, in either of the counties of 
Oxford, Franklin, Somerset, Piscataquis, Penobscot, 
Aroostook, Washington, and Hancock, under such rules 
and regulations as the commissioners shall from time 
to time establish, such person having first procured a 
license therefor, on payment of $6 by a non-resident 
and $4 by a resident of this State ; but it is unlawful for 
a non-resident of the State to take a deer as provided 
in this section, or to enter upon the wild lands of the 
state, (wild lands mean lands in unorganized town- 
ships, Ed.), with intent to camp and kindle fires there- 
on while engaged in fishing or hunting, without being 
in charge of a registered guide, during the months of 
June, July, August, September, and October ; provided 
that the provisions of this section relating to wild lands 
do not apply to any person who, while hunting or fish- 
ing, stops at any hunting or fishing camp, which is 
owned or under the control of any registered guide or 
registered camp owner. (Note.) A resident is not 
required to have a registered guide. 

Deer in Certain Counties. 
Sec. 21. It is unlawful to hunt or kill any deer in 
either of the counties of York, Cumberland, Androscog- 
gin, or Sagadahoc, for four years from October 1, 1899, 
and it is unlawful to hunt or kill any deer in the coun- 
ties of Knox, Lincoln, and Waldo, except during the 
month of October of each year, or in Kennebec county 



except during October and November of each year, and 
no person shall kill or have in possession during these 
respective open seasons more than two deer. Penalty 
$40 and costs. (Deer cannot be killed for six years 
from October 2, 1899. on the Isle au Haut, in Knox 
county. P. & S. Laws, '99, ch. 75. Deer cannot be 
killed for two years from October 2, '99, on Cross 
island, in Cutler, or in either of the towns of Eden, Mt. 
Desert or Tremont. R. & R. of Commissioners.) (Sep- 
tember 30, '99.) 

(Note.) Possessor of game illegally taken or killed 
is as liable as if he had taken it himself. State v. 
Bucknam, 88 Me. 385. 

Two deer may be taken in open season, notwith- 
standing one has been taken in September, under a 
license. 

Sunday a Close Time. 

Sec. 22. Sunday is a close time on which it is not 
lawful to hunt, kill or destroy game or birds of any 
kind. 

(Note.) Sunday is not a close time on fishing, in 
the same sense as on hunting. The only law to prevent 
fishing on Sunday, during the open season, is the old 
Sunday law, so called, and is as follows : ''Whoever 
on the Lord's day keeps open his shop * * * or 
place of business * * * travels or does any work, 
labor or business on that day, except works of necessity 
or charity ; uses any sport, game or recreation * * * 
shall be punished by a fine not exceeding $10." R. S., 
ch. 124, sec. 20. 

This statute also provides "that a person conscien- 
tiously believing that the seventh day of the week ought 
to be observed as the Sabbath, and actually keeps Sat- 
urday as Sunday, is not liable to the above penalty if 
he does not disturb others by his work." (Note. 
But this will not give him the right to hunt game or 
birds or fish on Sunday, though he refrain from doing 
it on Saturday.) 



Use of Dogs. 

Sees. 19-20-22. It is unlawful to use dogs in hunting 
moose, deer, or caribou at any time, or jack lights, 
artificial lights, snares or traps, and any person may at 
any time kill any dog found hunting or chasing a 
moose, or a deer, or a caribou, or any dog kept or used 
for that purpose. Penalty for the use of dogs, or keep- 
ing them to hunt game or allowing them to do so, $100 
and costs. 

(Note.) The question often arises, is a person liable 
whose dog, of his own volition, leaves the house of his 
master and chases deer? Anybody can lawfully kill 
the dog, finding him under these circumstances. The 
owner or keeper would not be liable if he knew noth- 
ing about it, but if he was informed that his dog was 
in the habit of chasing this game, and does not confine 
him, and the dog, after his owner has this knowledge, 
again chases game, he would be liable. Owners of 
dogs should keep them within their immediate control, 
at their peril, the same as he does his horses, his cattle 
and his hogs. Dogs are not domestic animals. State 
v. Harriman, 75 Me., 562. One cannot be convicted for 
stealing under R. S., ch. 127, sec. 1. State vs. Harri- 
man, 75 Me., 562. 

Transportation. 

Sect. 23. No person or corporation shall carry or 
transport from place to place an)^ moose, or deer, or 
part thereof, in close time, nor in open time unless open 
to view, tagged, and plainly labelled with the name 
and residence of the owner thereof, and accompanied 
by him, under a penalty of forty dollars and costs of 
prosecution for each moose or deer so transported or 
carried ; and any person not the actual owner of such 
game or parts thereof, who, to aid another in such 
transportation, falsely represents himself to be the 
owner thereof, shall be liable to the penalties aforesaid ; 
and it shall be prima facie evidence that said game, that 
is being transported or carried jn violation of this 
section, was illegally killed ; but nothing herein shall 
apply to the transportation of moose, or deer by any 



person or corporation, when such game is lawfully 
tagged in accordance with the provisions of section 26 
of this chapter. Whoever lawfully kills a bull moose 
shall, while the same, or any part thereof, is being 
transported, preserve and transport it, with the evidence 
on the moose of the sex of the same. Whoever fails 
to comply with the provisions of this section shall for- 
feit to the State the moose or part thereof being trans- 
ported, and pay a fine of three hundred dollars and 
costs of prosecution. 

Sect. 24. All birds, fish, and game hunted, caught, 
killed, destroyed, bought, carried, transported, or found 
in possession of any person or corporation, in violation 
of the provisions of this chapter and amendments there- 
to, shall be liable to seizure ; and in case of conviction 
for such violation, such game shall be forfeited to the 
State, to be sold for consumption in this State only. 
Any person whose game or fish has been seized for 
violation of any game or fish law, shall have it returned 
to him on giving to the officer a bond with sufficient 
sureties, residents of the State, in double the amount 
of the fine for such violation, on condition that, if 
convicted of such violation, he will, within thirty days 
thereafter, pay such fine and costs. If he neglects or 
refuses to give such bond and take the game or fish 
so seized, he shall have no action against the officer for 
such seizure, or for the loss of the game or fish seized. 

Shall not Give Away Game or Birds. 
Sect. 25. No resident of this State shall sell or give 
away any moose or deer or part thereof, or any game 
birds, to be transported or carried beyond the limits of 
this State, under a penalty of one hundred dollars for 
each and every moose, deer, or part thereof, and one 
dollar for every game bird so sold or given away ; and 
any person who shall buy any of the above named 
animals or birds or parts thereof, to so transport them, 
or who snail transport them after buying the same, or 
receiving the same as a gift, shall be subject to the 
same penalty. 



10 



May Transport Moose, Deer, Game, Birds and Fish 
on Payment of a Fee. 

Sect. 26. Any person who has lawfully killed a 
moose (or a deer, except in September as heretofore pro- 
vided), or who has lawfully in his possession one trout, 
one togue, one land-locked salmon, or one white perch, 
or ten pounds of either kind of these fish, or one pair 
of game birds, may send the same to his home or to any 
hospital in the State, without accompanying the same, 
by purchasing of the duly constituted agent therefor a 
tag, paying for a moose five dollars, for a deer two dol- 
lars, for a trout, togue, or land-locked salmon, one dol- 
lar for each, or one dollar for each ten pounds of the 
same, and fifty cents for one white perch or ten pounds 
of the same, and fifty cents for a pair of game birds. 
The commissioners of inland fisheries and game may 
appoint agents in convenient localities who may sell 
these tags, under such rules and regulations as the com- 
missioners may adopt. 

(Note. — A person who has lawfully killed a bull 
moose, or a deer, may sell them, but not to be trans- 
ported out of the State. He may take them to his 
home wherever he lives, by going with them, and hav- 
ing them properly tagged, or he may buy a license and 
ship them to his home without going with them. He 
may take a moose or two deer that he has killed out of 
the State, or he may cut them up and peddle them out, 
without a license.) 

Sect. 22. Whoever has in his possession more than 
one bull moose, or more than two deer, in their respec- 
tive open seasons, or any part of these animals in close 
season, shall be deemed to have killed or destroyed 
them unlawfully, and be subject to the penalties pro- 
vided for killing them unlawfully. 

(Note. — This does not apply, however, so far as deer 
are concerned, to those who are licensed to retail deer, 
or to licensed camp owners, who have deer in posses- 
sion in accordance with the terms of their license, and 
a fairly reasonable time is permitted to get game out 



II 



of the woods, and transport it, that was lawfully killed 
near the close of the open season. 

One who lawfully obtain^ the ownership of game in 
open time is not criminally liable for having the same 
in possession in close time afterwards. 88 Me. 385 ; 
76-80; 82-173; 75-289. But having it thus in possession 
is evi 'ence of its illegal capture. 88 Me. 385.) 

Game Birds. 

Sect. 11. The close time on partridge and woodcock 
is from December 1st to September 15th, and the open 
time is from September 15th to December 1st. 

On wood duck, dusky duck, commonly called black 
duck, teal and gray duck, the open time is from the first 
day of September to the first day of May, and the close 
time is from the first day of May to the first clay of 
September. 

The close time on quail is from December first to 
October first. The close time on plover and snipe is 
from May first to August first. Penalty not less than 
$5.00 nor more than $10.00 for each bird unlawfully 
killed, or had in possession in close time. 

No person can lawfully kill or have in possession 
more than 15 of each variety in one day. except, plover 
and snipe. No person shall be allowed to sell any par- 
tridge, or have them in possession except for his own 
consumption within this State, under a penalty of five 
dollars for each bird. No person or corporation shall 
carry or transport more than fifteen of any one variety 
of the birds above named, at any one time, as the prop- 
erty of one person. When being transported they must 
be tagged with owner's name and accompanied by 
him, but partridge cannot be carried out of the State. 
Any person to aid another in illegal transportation of 
these birds, who falsely represents himself to be the 
owner, is subject to a like penalty. (Public Laws, ch. 
116. Perpetual close time on tern. Penalty not less 
than $1.00 nor more than $10.00.) 

(Note. — See section 26 as to transporting one pair of 
game birds. It will be observed that the law prohibits 



the sale of partridge, under any circumstances, or their 
being taken out of the State, and when being trans- 
ported in the State all birds must be plainly labelled 
with owner's name and address and accompanied by 
him. 

Sect. 12. Capercailzie, or cock of the woods, cannot 
be killed at any time, or the black game, or any specie 
of the pheasant, except partridge. Penalty $50.00. 
Larks, robins, swallows, sparrows, woodpeckers, orioles, 
or other insectivorous birds, their nests, eggs or young, 
(crows, English sparrows, and hawks excepted), cannot 
be taken or killed at any time. Penalty not less than 
$1.00 nor more than $5.00. Possession of any such bird 
is prima facie evidence that the person having them in 
possession unlawfully killed them, and none of these 
birds can be transported or carried. 

Sects. 12-13. It is unlawful to take any wild duck, 
of any variety, quail, ruffed grouse, or partridge, wood- 
cock, or any bird, except by the usual method of sport 
ing with firearms. Penalty $5.00 for each bird. It is 
unlawful to kill in any manner any wild duck of any 
variety on the Kennebec river or on the shores thereof, 
south of Gardiner and Randolph bridge, or on Merry- 
meeting bay, or the shores thereof, between sunset and 
daylight of the following morning; it is unlawful to 
hunt, kill, or destroy any wild duck, at any time, with 
the aid of jack lights, or any artificial light. Penalty 
$50.00. 

Having firearms in possession in the vicinity of the 
duck grounds in Merrymeeting bay, or on the Kenne- 
bec river south of the Randolph and Gardiner bridge, in 
the night time, is prima facie evidence that the person 
having them is hunting ducks contrary to law. 

Doves. 
It is held in all the authorities that doves are fera? 
naturae, and as such are not subject of larceny, except 
when in the care and custody of the owner ; as when in 
a dovecote or pigeon house, or when in the nest, before 
they are able to fly. If, when thus under the care of 



13 

the owner, they are taken furtively, it is larceny, o 
Pickering, 15, 89 Me. 86. 

Perhaps when feeding on the grounds of the proprie- 
tor, or resting on his barn, or other buildings, if killed 
by a stranger, the owner may have trespass, and if the 
purpose be to consume them as food, and they are killed 
or caught or carried away from the inclosure of the 
owner, the act would be larceny. 89 Me. 87. 

Land-Locked Salmon, Trout, Togue, White Perch, 
Black Bass, Pickerel, &c. 
Sects. 10-38. In waters where it is unlawful to fish 
at any time, the commissioners may grant permits to 
take eels, suckers, cusk, pickerel, and white fish, and 
dispose of them for food purposes, under such rules 
and regulations, and on such terms, as they deem 
reasonable. All such permits shall expire with the cal- 
endar year. 

Commissioners May Destroy Mink. 
They may cause destruction of mink around any fish 
hatchery. 

General Close Time on Land-Locked Salmon, etc. 

Sect. 5. The general close time on land-locked salm- 
on, trout and togue is from October first until the ice 
is out of a lake or pond the following spring, except in 
Oxford and Franklin counties ; in these counties the 
close time is from October first to May first ; and in 
Kennebec county and on the St. Croix river and its 
tributaries, clos time is from September fifteenth until 
the ice is out of the lake or pond fished in the follow- 
ing spring. 

The close time on white perch is from the first day of 
April to the first day of July. But a person lawfully 
trolling for trout, land-locked salmon or togue, who in 
good faith accidentally catches a white perch may keep 
it. 



14 

There is no close time on black bass, pickerel, horn- 
pouts, suckers, chubs, eels, yellow perch, cusk, or white 
fish. 

R. & R. of Commissioners, September 30, 1899. 
"There shall be an annual close time on Cathance lake, 
in Cooper, Washington county, in which it shall be 
unlawful to fish for, take, catch or kill any fish from 
September first to May first of the following year. Also 
in Blunts pond, so called, in Lamoine, Hancock county, 
from October first to May first of the following year." 

Ice Fishing. 
Sect. 5. Inhabitants of the State are allowed to fish 
for land-locked salmon, trout and togue, through the 
ice in the day time, during February, March and April, 
with not more than five set lines, while under their 
immediate personal control, and take 20 pounds for 
one family in one day, and take them home for their 
own consumption. 

It Is Unlawful to Fish Through the Ice in the 
Following Named Ponds and Lakes. 

Exceptions. — But there are a great many exceptions 
to the general law, as follows : It is unlawful to fish 
through the ice at all, for any kind of fish, anywhere in 
Oxford, Franklin, Kennebec and Somerset counties, 
except that part of Moosehead lake in Somerset 
county, and Pickerel pond, in Flagstaff, Gilman pond, in 
Lexington, and Pierce pond, in said Somerset county. 

It is unlawful, also, to fish for any kind of fish 
through the ice, in Allen's pond, in Greene, Lake 
Auburn, in Auburn, Brettuns pond, in Livermore, in 
Androscoggin County. 

It is unlawful, also, to fish through the ice in Sabbath 
Day pond, in New Gloucester, or Thomas pond, in Ray- 
mond and Casco, in Cumberland County. 

It is unlawful, also, to fish through the ice in Noyes 
pond, or Green lake, or Eagle lake, Bubble pond, or 
Turtle lake, on Mt. Desert Island, or Crocker pond, in 
Township 32, Middfe Division, or Jordan pond, or Long 



15 

pond, or Pickerel pond, in Township 32, Middle Divis- 
ion, in Hancock County. 

It is unlawful, also, to fish through the ice in Crys- 
tal lake, in Washington, in Knox County. 

It is unlawful, also, to fish through the ice in Lake 
Hebron, or Hebron pond, or Twin Doughty pond, in 
Monson, or Ship pond and Bear pond, in Elliottsville, 
or Garland pond, in Foxcroft and Sebec, or Lower Wil- 
son pond, in Greenville, or Grindstone pond, in Willi- 
mantic, or Horseshoe pond, or Indian pond, in Piscata- 
quis County, or Lake Onawa. 

It is unlawful, also, to fish through the ice in Mes- 
sabesic pond, called Shaker pond, and its outlet as far 
down the stream as the Mill dam of Littlefield Brothers, 
or in Middle Branch pond, in Alfred and Waterboro, or 
Littlefield's pond, in Sanford, in York County. 

It is unlawful, also, to fish through the ice in Lam- 
bert lake, in Washington County; or in Dyers pond, 
in Jefferson, in Lincoln County ; or in Dexter pond, in 
Dexter, in Penobscot County. 

It Is Unlawful to Fish for Any Kind of Fish at 
Any Time in Any of the Following Name*.- 
Streams, Brooks and Rivers. 

It is also unlawful to fish at any time, for any kind 
of fish in any of the tributaries of Lake Auburn, or in 
Townsend brook, north of the road leading from the 
Turner road to North Auburn village, or in Townsend 
brook within 100 feet of the culvert at the mouth, dur- 
ing September of each year, or in any of the tributaries 
of Taylor pond, in the city of Auburn, or in any of the 
tributaries to Brettuns pond, in Livermore, or in Three 
brooks, in Wabes, Leeds and Greene, or in East and 
West branches of Dead river, in Leeds, Greene, and 
Wales, or in Dead river, in Greene, from the point 
where the Three brooks empty into said Dead river up 
to the bridge or in Upper and Lower Smelt brooks, on 
west side of Sebattus pond, in Greene, or in Sebattus 
river, in Webster, from outlet of Sebattus pond to the 



I* 



second dam, or in the tributaries of Big Bear pond, 
situated partly in Turner, in Androscoggin County. 

It is also unlawful to fish at any time, for any kind 
of fish, in the inlet streams of Squaw Pan lake, from 
Thibadeau's landing to the source of the stream, or in 
any of the tributaries to Madawaska lake, in Aroos- 
took County. 

It is also unlawful to fish at any time, for any kind 
of fish, in any of the tributaries to Sabbath Day pond, 
in New Gloucester, or in the tributaries to Sebago lake, 
except Crooked and North West rivers, or in the tribu- 
taries of Anonymous pond, in Harrison, or in Royal 
river, from the Sabbath Day pond to Jordan's dam, or 
in the tributaries to Thomas pond, in Raymond and 
Casco, or in Greely brook and its tributaries, in Oxford, 
Norway, and Otisfield, or in the tributaries to Hancock 
pond, in Sebago and Denmark, in Cumberland County. 
It is also unlawful to fish for any kind of fish, at 
any time, in any of the tributaries to Lake Webb, in 
Weld, except Alder brook, down as far as the mill dam 
at Hildreth's mills, or in any of the tributaries to Tufts 
and Duttons ponds, or the outlet of the same down to 
Reid's falls, and from Tufts pond to Alder stream, or 
in any of the tributaries to Rangeley lake, or in the 
tributaries to Ross pond, or in Rangeley stream, from 
tne lower wharf, at the outlet of Rangeley lake, down to 
the dead water at the upper end of the eddy, or from 
the upper end of the eddy to the mouth of Kennebago 
stream, from July first to May first, or in Kennebago 
stream between the foot of the falls near its mouth to 
the upper falls at the outlet of the lake, between July 
first and May first, or in Cupsuptic stream, tributary to 
Cupsuptic lake, above the first falls near its mouth 
between July first and May first, or in South Bog 
stream up to the first quick water, from July first to 
May first, or in the stream connecting Long pond and 
Rangeley lake from July first to May first, or in Bemis 
stream, tributary to Mooselucmaguntic lake, at any 
time, or in Whetstone brook, which flows into Kenne- 
bago stream, from the foot of the boulders, so called. 



17 

in said stream, to the foot of the falls at the outlet of 
Kennebago lake, at any time, or in Metalluc and Mill 
brooks, which flow into the Upper Richardson lake, or 
the tributaries to Wilton pond, in the town of Wilton, 
at any time, or in the tributaries of Varnum and North 
ponds in the towns of Temple and Wilton, or in any of 
the tributaries to Clearwater pond, in the towns of 
Farmington and Industry, or in the tributaries of Long 
pond and Sandy river pond, lying wholly or in part in 
Sandy River plantation, or in Lufkin pond, or its tribu- 
taries, in the town of Phillips, at any time, or in the trib- 
utaries to Four ponds, in Townships E and D, or in the 
tributaries to Tim and Mud ponds, in Township 2, 
range 4, W. B. K., or in Webb's river, above Goodwin 
Brothers' mill dam in Carthage, or in all the waters of 
Carrabasset river, and their tributaries, above or north- 
erly or westerly of the bridges across said Carrabasset 
river, and its branches or tributaries, or in Redington 
and Houston brooks, so called, in the townships of 
Crockertown, Mt. Abraham and Jerusalem, or in the 
tributaries of Gilman pond, in New Portland and Lex- 
ington, or in the tributaries of Sandy stream, in Car- 
rying place, Highland and Lexington, or in the stream 
connecting Dodge and Round ponds, or in the stream 
between Round pond and Hunter cove, in Rangeley, in 
Franklin County. 

It is also unlawful to fish for any kind of fish, at any 
time, in any of the tributaries to Noyes pond, in Blue- 
hill, or in the tributaries to Green lake, in the towns of 
Dedham and Ellsworth, or in the tributaries to Eagle 
lake, in the town of Eden, or in the tributaries to Bub- 
ble pond, sometimes called Turtle lake, on the island 
of Mt. Desert, or in the tributaries to Jordan pond and 
Long pond, or in the tributaries of Branch pond, some- 
times called Nicolin lake, in the city of Ellsworth, 
flowing into said pond or lake on the southwesterly side 
thereof, including Wickempauw and Rocky pond brooks 
and their tributaries, said streams being situated partly 
in Ellsworth, Orland and Dedham, or in the outlet of 
Nicatous lake, as far down as the head of Nicatous 



falls, or in said Nicatous lake for ioo feet up the lake 
from the dam, and in all of the tributaries of said lake 
except Gassabeas stream, or in the tributaries of 
Phillips lake, in Dedham, in Hancock County. 

It is also unlawful to fish at any time, for any kind 
of fish, in any of the tributaries to any of the lakes or 
ponds lying wholly or in part in the towns of Winthrop, 
Monmouth, Litchfield, Manchester and Wayne, or in 
the tributaries to Three Mile pond, partly in China, or 
in any of the tributaries to McGraw, Ellis, East, North, 
Great, Long, Little and Snow ponds, in the county of 
Kennebec or Somerset. 

Or in any of the tributaries to Dyers pond, in Jeffer- 
son, in Lincoln County. 

It is also unlawful to fish for any kind of fish, at any 
time, in any of the tributaries to Anasagunticook lake, 
or Whitney pond, in Canton and Hartford, or in the 
tributaries to Little Bear pond, in Hartford and Turner, 
or in the tributaries to Howard's pond, in Hanover, or 
in Megalloway river or its tributaries between the mouth 
of Little Megalloway river and the Berlin Mill Com- 
pany's dam, or in the tributaries to lakes Pennesseewas- 
see and Little Pennesseewassee, or in the tributaries 
to Roxbury pond or Garland pond, or in Rapid river 
from the Swing bridge, at the Oxford Club House, to 
Lake Umbagog, or in the tributaries to Songo pond in 
Albany, Sand and Pickerel pond in Denmark, Upper 
Kezar pond in Stoneham and Lovell, in Oxford 
County. 

It is also unlawful to fish at any time for any kind 
of fish in any of the tributaries to Lake Hebron, or the 
tributaries to Twin Doughty pond in Monson, or the 
tributaries to Ship pond and Bear pond in Elliottsville, 
or in the brook that is the outlet of Garland pond in 
Sebec, or in the tributaries to Lake Onawa, or in the 
tributaries to Sebec lake, or the tributaries to Moose- 
head lake, except Moose river, (the mouths of these 
tributaries have been established by monuments by the 
commissioners), or in any of the streams flowing into 



Ship pond stream in Willimantic and Bowerbank plan- 
tation in Piscataquis County. 

It is also unlawful to fish at any time for any kind 
of fish in any of the tributaries to Dexter pond, in 
Penobscot County. 

It is also unlawful to fish for any kind of fish at any 
time in Parlin or Lang streams, or in their tributaries, 
or in the tributaries to Parlin or Lang pond, or in the 
tributaries to Lake George, or in Basset brook and its 
tributaries in Holden, or in Beaver brook, in Holden, or 
in the brooks forming the outlet of Fish pond and Little 
Fish pond and of Little Gulf stream and Big Gulf 
stream, or in Wood stream, above its entrance into Big 
Wood pond, or in the tributaries to Rowell pond in 
Solon, and Smith pond in Cornville, or in the tribu- 
taries of Hayden lake, in Madison, or in Mosquito 
stream, so called, connecting Mosquito pond with 
Moxie pond, or in the tributaries of Great Embden 
pond, or Moose pond in Hartland and Harmony, or in 
West outlet of Moosehead lake, or in so much of Tut- 
tle brook in Athens as lies between its junction with 
Corson stream, so called, and the northerly line of the 
Poor Farm where it crosses Tuttle brook, in Somerset 
County. 

It is also unlawful to fish for any kind of fish at any 
time in any of the tributaries to Canaan lake or the 
tributaries to Lermond's or Alford's ponds, or in the 
tributaries to Norton pond, and Crystal lake, in Knox 
County. 

It is also unlawful to fish for any kind of fish at any 
time in any of the tributaries to lakes Narraguagus and 
Lambert in Washington County. 

It is also unlawful to fish for any kind of fish at any 
time in any of the tributaries of Bonny Beg pond, in 
Sanford and North Berwick, York County. 

(Note. — What are the tributaries to a lake or pond? 
One lake or pond is not a tributary to another lake or 
pond, within the meaning of the law. "Tributary/' 
taken in its ordinary meaning, means "paying tribute to" 
—"serving to increase"— in geography, "a stream which 



J<> 



contributes to another body of water," — "a branch or 
affluent," — from which it follows that the tributaries to 
a lake or pond are all of its contributary streams, but 
not another lake or pond.) 

Special Regulations as to the Manner of Fishing 
and Number of Fish, or Number of Pounds of Fish 
that May Be Taken in One Day, in Certain 
Ponds, Lakes and Streams. 

It shall be unlawful under the same penalty to fish 
for, catch, or kill any fish in Q nimby pond in the town 
of Rangcley, except in the ordinary way of angling with 
rod and artificial flies, between sunrise and sunset of 
each day, from the fifteenth day of May to the first day 
of October; and no person shall take more than twelve 
fish in said pond in any one day, nor more than twenty- 
five fish in any one day in Four ponds in Townships E 
and D, or fish except with artificial flies, in South Bog 
stream and pool, so called, waters connected with Range- 
ley lake, or in Seven ponds, so called, or take, catch, or 
kill more than twenty-five trout from Tim and Mud 
ponds, in Township 2, range 4, W. B. K. P., or from 
Tufts and Dutton ponds in the same township in any 
one day, or take from the waters of Varnum or North 
pond in the towns of Temple and Wilton, and Clear- 
water pond in the towns of Farmington and Industry, 
more than three trout, togue, and land-locked salmon in 
all, in any one day. It shall be unlawful to fish for or 
catch pickerel in Three Mile pond in China, Windsor, 
and Vassalboro, except on Saturdays of each week, for 
consumption in the family of the person taking such 
fish ; or to take any black bass, pickerel, or any other 
fish from the Lower Kezar pond and its tributaries, in 
the county of Oxford, for the purpose of selling the 
same (but any person may take twenty pounds of fish in 
one day from said Lower Kezar pond, but shall not 
transport the same, except in possession of the owner) ; 
or to fish for, take, or catch any fish, from Ward's 
brook, Ward's pond, and Walker's pond, so called, in 
Oxford county, except between the first day of May 



and August of each year, or to fish therein except with 
rod and single line and artificial flies; or to fish for, 
catch, or kill any fish in Ellis river and its tributaries, 
situated in Andover, Andover West, North Surplus, 
and Roxbury, in Townships C and D, in Oxford and 
Franklin counties, except on Tuesdays, Thursdays, and 
Saturdays, during the months of May, June, and July, 
and to the fifteenth day of August ; or in Ship Pond 
stream above Buck's falls ; or in Little Huston pond, in 
Katahdin Iron Works Township, except with artificial 
flies; or to fisn for, take, catch, or kill any blue back- 
trout in any of the waters of the State at any time ; or 
to fish in Grassy pond in the towns of Hope and Rock- 
port at any time within five years from the approval of 
this act. 

Bait Fish and Smelts. 

Sect. 6. It shall be lawful, however, to take minnows 
and other bait fish commonly used for live bait for one's 
own use in fishing in any of the closed streams, and 
smelts may also be taken in these streams for consump- 
tion in one's own family, and to take bait fish in Dead 
river, in Greene, from Sebattus pond to where the East 
and West branches come together, during the months 
from May first to December first of each year. 

It is unlawful to fish for any kind of fish on Sunday, 
from the second to the third dam on Sebattus river, in 
Webster. 

It is also unlawful to fish for, catch or kill any kind 
of fish in Dodge and Round ponds, and in that part 
of Hunter cove above the bridge crossing the same, 
except by casting flies or trolling in the ordinary man- 
ner, the last named waters being in the town of Range- 
ley, and the fishing for. catching or killing any fish from 
the bridge crossing said Hunter cove at any time, 
except from the time the ice leaves Rangeley lake to 
June 1st of each year, is unlawful. 

It is also unlawful for any person to catch more than 
five pickered in Lake Webb, in one day, in Franklin 
County, or more than 15 trout and land-locked salmon 



in all from Tufts, Dutton and Grindstone ponds, in one 
day. 

It is also unlawful to fish between sunset and daylight 
from the fifteenth of August to the first day of October 
in the Pool below the upper dam at the outlet of Moose- 
lucmaguntic lake, in Oxford County. 

It is also unlawful for a person to take, catch or kill 
in one day, more than 40 trout in Butler pond, in Lex- 
ington and King-field, and in the tributaries of Gilman 
pond, in New Portland and Lexington, and the tribu- 
taries to Sandy stream, in Carrying Place, Highland 
and Lexington, in Somerset County. 

Penalty for violation of any of the above provisions is 
hot less than $10.00 nor more than $30.00, and $1.00 
additional for every fish caught. 

Prohibited Devices in Fishing. 

Sects. 6-8. It is unlawful to use in fishing any fish 
spawn, grapnel, spear, trawl, weir, seine, trap, or set 
lines, (except when fishing through the ice, and then 
with not more than 5 set lines in the day time), or 
dynamite, or other explosive or any poisonous or stu- 
pefying substance, or with any device or in any other 
way than by the ordinary mode of angling with sing 1 e 
baited hooKS and lines, artificial flies, artificial minnows, 
spoon hooks and spinners. Penalty not less than $10.00 
nor more than $30.00 and $100.00 and two months' im- 
prisonment for using dynamite or other explosives. 
When any of the prohibited implements or devices are 
found in use the person finding them may destroy them. 

(Note.— It is lawful to use a dip or landing net to 
land your fish after you have caught it.) 

Twenty-Five Pounds of Fish. 
Sect. 7. A person or corporation cannot transport 
more than 25 pounds of trout, land-locked salmon, 
togue and white perch in all at one time, as the 
property of one person, nor can they be transported 
except in the possession of the owner and accompanied 
by him, plainly labelled with his name and address. 



23 

Nor can any person in one day, catch, or have in pos- 
session, more than 25 pounds of all kinds of these fish ; 
and all fish had in possession or being transported in 
violation of law is liable to seizure and shall be deemed 
to have been taken in violation of law. You may take 
or have one fish additional, no matter how much he 
weighs, when having less than 25 pounds. Penalty for 
violation of this section, $50.00, and $1.00 for each fish. 
Sect. 26. A person may purchase a tag and send ten 
pounds or one fish home without accompanying it. 

Sect. 9. Whoever introduces fish of any kind into 
any of the waters of the State by means of live fish or 
otherwise, except upon written permission of the com- 
missioners of inland fisheries and game, shall forfeit not 
less than fifty dollars nor more than five hundred dol- 
lars. The having in possession of any jack light, spear, 
trawl, or net, other than a dip net, in any camp, lodge, 
or place of resort for hunters or fishermen, in the 
inland territory of the State, shall be prima facie evi- 
dence that the same are kept for unlawful use ; and they 
may be seized by any officer authorized to enforce the 
inland fish and game laws. Whoever is convicted of 
having any of the above named implements in his pos- 
session unlawfully as aforesaid, shall be fined fifty dol- 
lars and costs of prosecution. 

Length of Fish that May Be Taken. 
Sect. 46. No land-locked salmon less than nine 
inches in length or trout less than five inches shall be 
caught. Penalty, $5.00 and 50 cents for each fish. 
Whoever has short fish in their possession shall be 
deemed to have taken them illegally. 

Nets. 
Private and Special Laws, Ch. 191, 1899. Inhabi- 
tants of the State may use drift nets, the meshes of 
which shall not be less than 2 Ms inches, to catch salmon 
for their own consumption, from 6 P. M. on Thursday 
to 6 P. M. on Saturday of each week, from the Water 
Works dam at Bangor to the mouth of the Seboeis river 



24 

on East Branch of Penobscot, during open season, but 
not within 300 yards of any mill race or dam. If in the 
judgment of the commissioners, this privilege is abused 
or is detrimental, they may suspend its operation. 

Sporting Camp Proprietors, Professional Hunters, 
Taxidermists, Dealers in Deer Skins, Retail 
Dealers in Deer Meat, and Guides Must Be 
Licensed. 

Sect. 29. Every person who keeps a sporting camp, 
lodge, or place of resort, for inland fishing and hunting 
parties, must procure a license of the commissioners, 
annually. Fee, $5.00. Penalty, $100.00 and costs. 
They are authorized to purchase for consumption in 
these places, deer lawfully killed, but must keep a 
record of whom purchased, and the date when pur- 
chased, and report annually to the commissioners. 

(Note. — It has been erroneously claimed that a per- 
son keeping a sporting camp or lodge in an organized 
township is not required to have a license. This is 
error. Every person who keeps a camp, lodge, or place 
resorted to by inland fishing or hunting parties is 
required to procure a license, but this does not apply 
to one's own private camp or lodge, but to those only 
who entertain fishermen or hunters for profit; a person 
having several outlying camps and but one home or 
main camp requires but one license.) 

Sect. 29. Every person who engages in the business 
of hunting or trapping any of the fur bearing animals 
of the State, in any unorganized township or wild lands 
shall annually procure a license of the commissioners, 
and shall report when called upon by the commission- 
ers. Fee. $5.00. Penalty, $100.00 and costs. 

(Note. — This does not, as has been claimed, prevent 
the "small boy," or the "big boy," or anybody's boy, or 
anybody else, from hunting, trapping, or killing bears, 
foxes, muskrats, mink, or any other fur bearing animal 
in any organized township of the State J 

Sect. 14. The commissioners may license suitable 
persons as taxidermists. Fee, $5. 00. They may also 



license suitable persons whose number shall not exceed 
10 at any one time to kill, capture and have in posses- 
sion any species of birds other than domestic, and the 
eggs and nests thereof for scientific purposes, but they 
cannot sell, or offer for sale, specimens so taken. Fee, 
$5.00. Penalty, not less than $10.00 nor more than 
$50.00. This does not authorize the killing of any bird 
on Sunday. 

Game, birds and fish may be sent to such licensed 
taxidermists, without the owner accompanying the 
same, by being tagged with a tag procured of the com- 
missioners. 

(Note. Tags or licenses to kill one deer in Septem- 
ber for food purposes, to send fish, game or birds, with- 
out the owner going with them, under the provisions 
of sections 21 and 26, may be procured of tbp commis- 
sioners, or their duly authorized agents in the various 
fishing and hunting localities.) 

Marketmex and Provision* Dealers. 

Sect. 27. Any marketman or provision dealer hav- 
ing an established place of business may be licensed to 
purchase and have in his place of business, and retail 
the same to his local customers, deer lawfully killed, 
but he cannot have more than three or parts thereof at 
any one time. Fee, $5.00 annually in cities and towns 
of over 3.000 inhabitants and $3.00 in all other places, 
or they may pay 50 cents for each deer retailed. On 
December fifteenth of each year shall make report to 
the commissioners under oath, of the name and resi- 
dence of each person of whom they purchased deer, 
and the date of purchase. Penalty, $100.00 and costs. 

(Note. — Some marketmen in one or two localities are 
reported to be greatly incensed at this provision. There 
is unmistakably a growing sentiment throughout the 
country against any marketing of game or birds. Market- 
men and provision dealers have a complete monopoly of 
it in Maine. Should they not therefore contribute 
something for the game interests? Being required to 
1 



26 



keep a record of whom they make their purchases pro- 
hibits the pot or market hunter from supplying them.) 
Sect. 28. The commissioners may license suitable 
persons to buy and sell or tan deer skins lawfully taken. 
Such licensed person shall keep a record of all deer 
skins purchased, of whom purchased and the date of 
purchase, and report to the commissioners annually. 
Fee, $5.00. Penalty, $100.00 and costs. 

Registration of Guides. 

Sect. 30. Any person who engages in the business 
of guiding must be registered annually. Fee, $1.00 for 
residents and $20.00 for non-residents. They must 
apply either personally or in writing to the commis- 
sioners, and make a report when required. Penalty, 
$50.00 and costs. 

(Note. — What is it to engage in the business of guid- 
ing? These words, "engage," "business," and "guid- 
ing," must be given their ordinary meaning obviously; 
"to engage" in anything, means to "procure or secure" 
for some special purpose, as to engage in business, 
trade, engage in a business or pursuit. 

"Business" means a pursuit or occupation that em- 
ploys or requires energy, time, thought, profession, call- 
ing, attention, application, accuracy, method, punctuality 
fidelity and dispatch are the principal qualities required 
for the efficient conduct of business. 

"Guide, guided, guiding." The meaning of the word 
"guiding" has come to be so well understood that no 
definition need here be given.) 

Sect. 30. An official badge may be prepared for 
guides by the commissioners. For cause shown, after 
due notice and hearing, any license may be revoked, and 
the commissioners may refuse to issue a license to any- 
one who in their judgment is not suitable. If a guide 
is convicted of any violation of the inland fish and game 
laws, the commissioners are authorized to strike his 
name off the list. 

Sect. 31. All licenses expire December 31st of each 
year, and all fees received for licenses are paid to the 



21 

State treasurer and expended for the benefit of the fish 
and game. 

(Note. — Guides make a mistake that they do not 
adopt a badge.) 

S.ect. 16. There is a bounty paid by the State of 
$5.00 for every wolf and $2.00 for every wildcat killed 
in the State. 

Mink, Sable, Muskrat, Fisher and Beaver. 

Sect. 15. Close time on mink, sable, muskrat and 
fisher is from May first to October fifteenth. Penalty 
for each animal destroyed in close time, $10.00; except 
mink may be killed around fish hatcheries at any time, 
and muskrats in Lily pond, in Rockport and Camden, 
or wherever they injure any canal, ditch, lawful dam 
or cranberry bog. 

Absolute close time all the time on beaver. Penalty, 
$100.00. 

Wardens, Their Appointment and Duties. 

Sect. 47. Are appointed by the governor and coun- 
cil, on recommendation of the commissioners and hold 
office three years unless sooner removed. Must give 
bond in $2,000 with two good sureties. Sheriffs, deputy 
sheriffs, police officers and constables are wardens. 
They may serve all processes pertaining to the collec- 
tion of penalties and all criminal processes for violation 
of the fish and game laws. Sea and shore fish wardens 
can be appointed inland fish and game wardens with- 
out additional bond. 

(Note. — Complaints have been made that some dis- 
reputable fellows have falsely assumed to be wardens. 
A warden can at any time show his authority; no 
others should be recognized as such.) 

Search and Seizure of Game and Birds. 

Sect. 49. The commissioners and wardens are 

required to enforce all inland fish and game laws, and 

are authorized to seize any game or fish or gc.me birds 

taken or held in violation of law, and have full power, 



28 



and it is their duty, with or without a warrant, to arrest 
any person whom they have reason to believe guilty of 
a violation thereof, and, with or without a warrant, to 
open, enter, and examine all camps, wagons, cars, 
stages, tents, packs, stores, warehouses, storehouses, 
outhouses, stables, barns and other places, and to exam- 
ine all boxes, barrels, and packages where he has reason 
to believe any game or fish taken or held in violation 
of this act, is to be found, and to seize the same ; pro- 
vided, however, that a dwelling house actually occupied 
can be entered for examination, only in pursuance of a 
warrant, or to make an arrest. 

Penalties — How Recovered and Definitions. 
Sect. 50. Any officer authorized to enforce the in- 
land fish and game laws may recover the penalties for 
the violation thereof in an action on the case in his own 
name, the venue to be as in other civil actions, or by 
complaint or indictment in the name of the State; and 
such prosecution may be commenced in the county in 
which the offence was committed, or in any adjoining 
county, and the plaintiff prevailing shall recover full 
costs without regard to the amount recovered. The 
term "game birds" as used in this act shall be con- 
strued to mean the ruffed grouse, or partridge, all spe- 
cies of the pheasant, woodcock, snipe, plover, quail, and 
all ducks enumerated in this act ; and the term "game 
animals" shall be construed to mean moose, caribou, 
and deer. 

Officers May Arrest Without Warrant. 
Sect. 51. Any officer authorized to enforce the 
inland fish and game laws may, without process, arrest 
any violator of any of said laws, and shall with reason- 
able diligence, cause him to be taken before any trial 
justice or any municipal or police court, in the county 
where the offence was committed, or in any adjoining 
county, for a warrant and trial. Jurisdiction in such 
cases is hereby granted to all trial justices and all other 
courts to be exercised in the same manner as if the 



offence had been committed in that county; and any 
officer who shall maliciously, or without probable cause, 
abuse his power in such proceedings shall be liable upon 
complaint or indictment, to a fine not exceeding one 
hundred dollars, or imprisonment not exceeding three 
months. 

Jurisdiction of Courts. 
Sect. 52. In all prosecutions under this chapter and 
the amendments and additions thereto, municipal and 
police judges and trial justices within their counties 
have, by complaint, original and concurrent jurisdiction 
with the supreme judicial and superior courts. 

Disposition of Fines and Penalties. 

Sect. 53. Any officer or other person who shall re- 
ceive any fine or penalty, or any part thereof, for the 
violation of any fish or game law, and shall neglect for 
more than thirty days to pay the same into the State 
treasury, shall be punished by a fine of not less than 
fifty, nor more than one hundred dollars ; all fines and 
penalties recovered, or money paid, under any of the 
provisions of this chapter and the amendments and 
additions thereto, shall by the person receiving the same, 
be paid forthwith to the treasurer of the State, after 
deducting legal taxable costs; and such money so re- 
ceived by said treasurer shall be expended by the com- 
missioners of inland fisheries and game for the protec- 
tion of the fish and game of the State. 

Service on Corporations, How Made. 

Sect. 54. In case of a violation of any of the pro- 
visions of this chapter by a corporation, the warrant of 
arrest may be served by an attested copy served on the 
president, secretary, or manager in this State, or any 
general agent thereof in the county where the action is 
pending, and upon return of such warrant so served, 
the corporation shall be deemed in court and subject to 
the jurisdiction thereof, and any fine imposed may be 
collected by execution against the property of such cor- 
poration ; but this section shall not be deemed to ex- 
empt any agent or employe from prosecution. 



30 



Penalty for Dishonest Licensee. 

Sect. 55. If the holder of any license, certificate, or 
permit, issued in conformity with any of the provisions 
of this chapter, shall persistently or flagrantly and 
knowingly violate or countenance the violation of any 
of the provisions of this chapter, such license, certifi- 
cate, or permit may be revoked by the commissioners, 
after cue notice given of the alleged violation, and an 
opportunity afforded to appear and show cause against 
the same. 

Duty of County Attorneys. 

Sect. 56. It shall be the duty of each county attor- 
ney to prosecute all violations of this chapter occurring 
within his county, when such cases may come to his 
knowledge, or when he may be so requested by the com- 
missioners or any officer charged with its enforcement, 
the same at all times to be subject to the supervision 
and control of the commissioners. In any prosecution 
under this chapter, any participant in a violation there- 
of, when so requested by the county attorney, commis- 
sioners, or other officer instituting the prosecution, may 
be compelled to testify as a witness against any other 
person charged with violating the same, but his evidence 
so given shall not be used against himself in any prose- 
cution for such violation. It shall be the duty of every 
justice of the peace and clerk of the court before whom 
any prosecution under this act is commenced, or shall 
go on appeal, within twenty days after the trial or dis- 
missal thereof, to report in writing the result thereof 
and the amount of fines collected, if any, and the dis- 
position thereof to the commissioners, at Augusta. In 
all cases, the officer making the seizure or sale of fish, 
game, or birds, shall within ten days thereafter, report 
all the particulars thereof and an itemized statement of 
the proceeds, expenses, and fees, and the disposition 
thereof to the commissioners, at Augusta. Every war- 
den shall, in the month of December of each year, and 
at such other times as the commissioners may require, 
report to the commissioners all violations of, and prose- 



3i 

cutions under this act, occurring in his district, together 
with such further information as the commissioners 
may require. The failure of any person or officer to 
perform any act, duty, or obligation enjoined upon him 
by this act, shall be deemed a violation thereof. 

Commissioners of Inland Fisheries and Game — 
Their Appointment, Powers and Duties. 

Sec. 32. There are three of them, one of whom shall 
be the land agent. They are appointed by the gover- 
nor, and hold office for three years and until their suc- 
cessors are appointed and qualified, except the land 
agent, whose term of office remains as long as he is 
land agent. They shall receive $1,000 annually and 
actual travelling expenses, to be audited by the gover- 
nor and council, except the land agent, who receives 
$200 in addition to his salary as land agent, and actual 
travelling expenses. They shall be provided with an 
office in the State capitol, with suitable furniture, sta- 
tionery, and other facilities for the transaction of the 
business of the department, and they may appoint a 
clerk at a salary not exceeding five hundred dollars per 
annum. 

Sec. 33. They must examine dams and other obstruc- 
tions in all rivers and streams, and determine the neces- 
sity of fishways, and the location, form and capacity 
thereof ; and shall introduce and disseminate valuable 
species of food fish into the inland waters of the State, 
and valuable food birds into the State. They shall ex- 
amine into the workings of the inland fish and game 
law-;, see that all violations thereof are duly prosecuted, 
and perform all other duties .prescribed by law. They 
shall annually on or before the 31st day of December, 
report to the governor. 

Sec. 34. They have authority with or without a 
petition, after notice and public hearing, in the locality 
to be affected, to "regulate the times and places in 
which and the circumstances under which game and 
inland fish may be taken," for a period not exceeding 
four years. They may entirely prohibit the taking of 



the same in any locality for the same length of time. 
They may adopt and, from time to time, modify or re- 
peal such needful rules and regulations, not contrary to 
the laws of the State, as they may deem necessary or 
proper for the protection and preservation of the game 
and inland fish of the State, in conformity with the pro- 
visions of the last two preceding sections. They shall 
file, in the office of the clerks of the cities, towns, and 
plantations in the territory to be affected, a copy of the 
rules and regulations adopted by them, and publish the 
same three weeks successively in a newspaper printed 
in the county, and post on the banks of waters to be 
affected, as nearby as may be like notices ; and when- 
ever any such rules or regulations apply to any unor- 
ganized township, a like copy shall be filed with the 
clerk of courts for that county and published three 
weeks successively in a newspaper printed lr. the 
county ; they shall also immediately upon the adoption 
of any rules and regulations contemplated by this act, 
file an attested copy of the same in the office of the sec- 
retary of State. 

Sees. 35-36. Penalty for taking fish or game in viola- 
tion of the rules and regulations of the commissioners 
is the same as taking them in violation of the statutory 
law. 

Sec. 37. These rules and regulations must be posted, 
in the locality to be affected, by the commissioners, and 
the penalty is $50 for anyone who shall destroy them, — 
one-half to the prosecutor. 

Sec. 38. They may take fish and game when and 
where and in such manner as they choose for the pur- 
poses of science, cultivation and dissemination, and may 
grant permits to other persons for the same purpose. 
They may introduce any kind of fish into any waters, 
or permit the same to be done. They have authority 
to grant permits to take moose, caribou, deer, and birds 
for park purposes in this State, under such rules and 
regulations as they shall establish. They may, upon 
petition of 10 taxpayers, adopt rules and regulations to 
prevent the destruction of spawning beds of fish. Pen- 



23 

alty for violation of these rules and regulations $50. 
They may screen the outlet of any pond or lake, or 
authorize it to be done, under such conditions as may 
seem to them just. 

Fish ways. 
Sect. 3Q. The owner or occupant of every dam or 
other artificial obstruction in any river or stream fre- 
quented by salmon, shad, alewives, or land-locked salm- 
on, shall provide the same with a durable and effi- 
cient fishway, of such form and capacity, and in such 
location as may, after notice in writing to one or more 
of said owners or occupants and a hearing thereon, be 
determined by the commissioners of inland fisheries 
and game by written notice to some owner or occupant 
specifying the location, form, and capacity of the re- 
quired fishway. and the time within which it shall be 
built ; and said owner or occupant shall keep said fish- 
way in repair, and open and free from obstruction for 
the passage of fish, during such times as are prescribed 
by law ; provided, however, that in case of disagree- 
ment between said commissioners and the owner or oc- 
cupant of any dam, as to the propriety and safety of the 
plan submitted to the owner or occupant of such dam 
for the location and construction of the fishway, such 
owner or occupant may appeal to the county commis- 
sioners of tlie county where the dam is located, within 
twenty days after notice of the determination, to the 
commissioners of inland fisheries and game by giving to 
the latter named commissioners notice in writing of such 
appeal within that time, stating therein the reasons 
therefor ; and at the request of the appellant or the 
commissioners of inland fisheries and game the senior 
commissioners in office of any two adjoining counties 
shall be associated with them, who shall appoint a time 
to view the premises and hear the parties and give due 
notice thereof, and after such hearing they shall decide 
the question submitted, and cause record to be made 
thereof, and their decision shall be final as to the plan 
and location appealed from. If the requirements of the 
commissioners of inland fisheries and game are affirmed, 



34 



the appellants shall be liable for the costs arising after 
the appeal, otherwise they shall be paid by the county. 
If a fishway thus required is not completed to the satis- 
faction of the commissioners of inland fisheries and 
game within the time specified, every owner or occu- 
pant shall forfeit not more than one hundred nor les^ 
than twenty dollars for every day of such neglect be- 
tween the first days of May and November. On the 
completion of a fishway to the satisfaction of the com- 
missioners of inland fisheries and game, or at any sub- 
sequent time, they shall prescribe in writing the time 
during which the same shall be kept open and free from 
obstruction to the passage of fish each year, and a copy 
of such writing shall be served on the owner or occu- 
pant of the dam. The commissioners of inland fisher- 
ies and game may change the time as they see fit. 
Unless otherwise provided, fishways shall be kept open 
and unobstructed from the first day Of May to the fif- 
teenth day of July. The penalty for neglecting to com- 
ply with this section, or with any regulations made in 
accordance herewith, is not less than twenty nor more 
than one hundred dollars for every day of such neglect. 
Sect. 40. Whenever the commissioners of inland 
fisheries and game find a fishway out of repair or need- 
ing alterations, they may, as in the case of new fish- 
ways, require the owner or occupant to make such re- 
pairs or alterations ; and all proceedings in such cases 
and the penalty for neglect shall be as provided in the 
three preceding sections, without appeal. If the dam 
is owned and occupied by more than one person, each 
is liable for the cost of erecting and maintaining such 
fishway, in proportion to his interest in the dam, and 
if any owner or occupant neglects or refuses to join 
with the others in erecting or maintaining such fishway, 
the other owners or occupants shall erect or repair the 
same, and have an action on the case against such delin- 
quent for his share of the expenses. If the owner or 
occupant of such dam resides out of the State, said pen- 
alties may be recovered by a libel against the dam and 
land on which it stands, filed in the supreme judicial 



35 

court in the county where it is located, in the name of 
the commissioners of inland fisheries and game or of 
any fish wardens who shall give to such owner or occu- 
pant, and all persons interested therein, such notice as 
the court or any justice thereof in vacation, orders, and 
the court may render judgment therein, against said 
dam and lands for said penalties and costs, and order 
a sale thereof to satisfy such judgment and costs of 
sale, subject, however, to all said requirements for the 
erection and maintenance or repair of said fishway. The 
commissioners of inland fisheries and game may dele- 
gate to any fish warden or other lawful officer of fish- 
eries any of the powers given to said commissioners in 
relation to the construction of fishways. 

Sect. 41. The following waters and their tributa- 
ries are exempt from the provisions relating to migra- 
tory fishes and the supervision of the fishways by the 
commissioners ; that is to say, Royall river in North 
Yarmouth, Sewall's pond or its outlet in Arrowsic, so 
much of the waters of the Damariscotta river as are 
west of the railroad bridge near Damariscotta mills, all 
waters in Vinalhaven, Tremont, Mount Desert, Eden, 
Franklin, and Sullivan, Pleasant river in Washington 
county, East Machias river, and the Eastern Penobscot 
river in Orland. Little river in Perry shall be exempt 
from all the foregoing provisions that relate to main- 
taining fishways in said river, except during April, May 
and June. 

Sect. 42. For the purposes of this chapter, the term 
"salmon" means the common migratory salmon of the 
sea coast and rivers ; the term "land-locked salmon" 
means any of the species or varieties of salmon that do 
not periodically and habitually run to the sea. being the 
same locally known as "salmon trout" and "black 
spotted trout:" the term "alewife" means the small 
species of migratory fish called "alewife" but known 
also by the local names of "herring" and "gaspereau," 
and also includes the similar species found in tidal 
waters and known as "blue-back;" and the term "bass" 
means the striped bass of tidal waters. 



"Trout" means fresh water fish, and not Labrador 
trout. 87 Me., 498. 

Sect. 43. The provisions of this chapter so far as 
they relate to fish apply to the taking of the same in all 
fresh waters above the flow of the tide and in all tidal 
waters frequented by the various species of fresh water 
and migratory fishes, except to the capture of shad and 
alewives in Denny's river and its tributaries, Pem- 
maquam river and its tributaries, and the Schoodic 
lakes and their tributaries, and to the taking of white 
hsh in the Schoodic lakes on the St. Croix river and 
their tributaries, by citizens of the State with set nets, 
during the months of May and November, and convey- 
ing them to their own homes, but not otherwise. This 
chapter does not apply to fish taken in the weirs on 
St. Croix river, and does not repeal the laws relating 
to the St. Croix, Denny's, Pemmaquam, Cobscook, 
East Machias, and Narraguagus rivers ; nor does it 
apply to the taking of blue-back trout; except that no 
person shall fish for, catch, take, kill, or destroy the 
same, with net, seine, weir, or trap, under a penalty of 
five dollars for the attempt, and one dollar for each 
blue-back trout so taken, caught, killed, or destroyed, 
to be recovered by complaint. 

Artificial Culture of Fish by Private Persons. 
Sect. 44. Any riparian proprietor may, within the 
limits of his own premises, inclose the waters of a 
stream not navigable, for the cultivation of useful fishes ; 
provided that he furnishes suitable passages for migra- 
tory fishes naturally frequenting such waters, and does 
not obstruct the passage of boats and other craft and 
materials, in places where the same have a right to pass. 
Any person legally engaged in the artificial culture and 
maintenance of fishes, may take them in his own en- 
closed waters wherein the same are so cultivated and 
maintained, as and when he pleases, and may at all 
times sell them for cultivation and propagation ; but he 
shall not sell them for food at seasons when the tak- 
ing thereof is prohibited, under a penalty of not less 



than ten nor more than one hundred dollars, and a fur- 
ther penalty of not less than one dollar for each fish 
so sold. Any person engaged in the artificial propaga- 
tion of trout, or fresh and salt water salmon, when the 
parent fish are taken from the public waters in the State, 
shall retain not less than twenty-five per cent of all eggs 
taken from said parent fish, and shall cause the same to 
be properly cared for and hatched, and, when hatched 
and in proper condition, to be returned to a place suit- 
able for such young fish in the original waters from 
which the parent fish were taken, and shall cause said 
parent fish to be returned to safe locations in such 
waters, under a penalty of not less than fifty nor more 
than five hundred dollars for each offence. But this 
section does not apply to cases in which the parent fish 
are taken in the manner and at the time and place per- 
mitted for the capture of such fish for food ; nor to 
operations in fish culture conducted for public purposes 
by permission of the commissioners of fisheries, who 
may affix such conditions to their permits as they see 
fit, requiring in no case, however, less than twenty-five 
per cent of the young fish to be returned, as provided in 
this section. 

Sect. 45. No person without permission of the pro- 
prietor, shall fish in that portion of a pond or other 
water in which fish are artificially cultivated or main- 
tained by written permission of the fish commissioners, 
under a penalty of not less than ten nor more than one 
hundred dollars, besides two dollars for each fish so 
taken or killed ; and, in default of payment, such offend- 
er shall be imprisoned at the expense of the prosecutor, 
until said forfeiture is paid or otherwise discharged by 
due process of law. 



38 



PROTECTION OF FORESTS. 



Fire. 
1885, c. 337, § 15. Whoever kindles a fire on land 
not his own, without consent of the owner, forfeits ten 
dollars ; if such fire spreads and damages the property 
of others, he forfeits not less than ten nor more than 
five hundred dollars, and in either case he shall stand 
committed until fine and costs are paid, or he shall be 
imprisoned not more than three years. 

Fish and Game Wardens, Fire Wardens. 

1891, c. 108. Fish and game wardens are hereby 
made State fire wardens, and it shall be their duty 
while in and about the woods, to caution all sports- 
men of the danger from fires in the woods, and to 
extinguish all fires left burning by any one, if within 
their power ; and to give notice to any and all parties 
interested when possible, of fires raging and beyond 
their control, to the end that the same may be controlled 
and extinguished. 

1891, c. 100, § 3. The selectmen of towns shall be, ex- 
officio, forest fire wardens therein and shall divide said 
towns into three districts, bounded as far as may be by 
roads, streams of water, or lot lines, and assign to each 
of their number the charge and oversight of one district 
as district fire wardens therein. A description of each 
district and the name of the fire warden thereof shall 
be recorded with the town clerk. The services of such 
selectmen acting as said fire wardens, shall be paid for 
at the same rate as is paid for their official services. 
It shall be the duty of the fire warden of the district in 
which a fire is discovered to take such measures as 
may be necessary for its control or extinction. For 
this purpose he shall have authority to call upon any 
persons in the territory in which he acts for assistance, 



39 

and such person shall receive such compensation not 
exceeding fifteen cents per hour as said selectmen may 
determine, the same to be paid by the town. But no 
town shall be holden to pay for extinguishing forest 
fires in any year an amount greater than two per cent 
upon its valuation for purposes of taxation. If any 
person so ordered to assist, and not excused from said 
service by said forest fire warden on account of sick- 
ness, disability or some important business or engage- 
ment, shall neglect to comply with any such order he 
shall forfeit the sum of ten dollars, to be recovered in 
an action of debt in the name and to the use of the 
town, by the treasurer thereof. 

Sect. 4. County commissioners of each county in 
which there are unorganized places shall annually 
appoint, such number of fire wardens as they deem 
necessary not exceeding ten, for all such unorganized 
places in any county, whose duties and powers shall 
be the same with respect to such unorganized places 
as those of the fire wardens of towns, and they shall 
also have the same authority to call out citizens of 
the county to aid them in extinguishing fires, that 
town fire wardens have to call out citizens of the town. 
The compensation of such fire wardens shall be paid 
by the county, and the compensation of persons called 
upon by them as aforesaid, to render aid, shall be the 
same as that provided in the case of towns and shall 
be paid one-half by the county and one-half by the 
owners of the lands on which said fires occur. 

Sect. 5. Any person who shall build a camp or 
cooking fire in or adjoining any woods in this State, 
shall, before leaving such camp, totally extinguish such 
fire, and upon failure to do so, such person shall be 
deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be punished by a fine not exceeding 
one hundred dollars, or by imprisonment in the countv 
jail not exceeding one month or by both such fine and 
imprisonment, provided, that such fires built upon the 
sea beach in such situation that they can not spread 



into forest wood or cultivated lands or meadows, shall 
not be construed as prohibited by this act. 

Sect. 8. It shall be the duty of municipal officers in 
towns, and county commissioners, the latter with 
respect to unorganized places, to proceed immediately 
to a strict inquiry into the cause and origin of fires, 
within wood lands ; and in all cases where such fires are 
found to have originated from the unlawful act. of any 
person, to cause the offender to be prosecuted without 
delay. 

Sect. 9. The selectmen of towns in which a forest 
fire of more than one acre in extent has occurred, and 
the county commissioners where a forest fire of more 
than two acres has occurred in any of the unincor- 
porated places in any county, within a year, shall report 
to the forest commissioner the extent of area burned 
over, to the best of their information, together with the 
probable amount of property destroyed, specifying the 
value of timber as near as may be, and amount of cord 
wood, logs, bark or other forest product, fencing, 
bridges and buildings that have been burned. They 
shall also report the cause of these fires if they can be 
ascertained and the measures employed and found most 
effective in checking their progress. Blanks for the 
reports required in this act shall be furnished by said 
forest commissioner at the expense of the State. 

Sect. 10. Every railroad company whose road passes 
through waste or forest lands, shall during each year 
cut and burn off or remove from its right of way all 
grass, brush or other inflammable material, but under 
proper care and at times when fires are not liable to 
spread beyond control. 

Sect. 11. All locomotives which shall be run through 
forest lands, shall be provided with approved and effi- 
cient arrangements for preventing the escape of fire and 
sparks. 

Sect. 12. No railroad company shall permit its 
employes to deposit fire, live coals or ashes, upon their 
track in the immediate vicinity of wood lands or land 
liable to be overrun by fires, and where engineers, 



41 

conductors or train men discover that, fences along 
die right of way or wood lands adjacent to the rail- 
roads, are burning or in danger from fires, it shall be 
their duty to report the same at their next stopping 
place which shall be a telegraph station 

Sect. 13. For all damages caused to forest growth 
by any person employed in the construction of any rail- 
road hereafter to be built in this State, the company 
owning such road shall be primarily liable to the person 
or persons so damaged. During the construction of such 
roads through wood land, there shall be kept posted in 
conspicuous places on each line of the road ways at dis- 
tances of two hundred feet, abstracts of the laws relat- 
ing to forest fires. Any person employed in the con- 
struction of such railroads, who shall set or cause to 
be set any fire along the line of said roads, shall, before 
leaving the same, totally extinguish said fires, and upon 
failure to do so, such person shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be 
punished by a fine of not exceeding five hundred dollars 
or by imprisonment in the county jail not exceeding 
sixty days, or by both such fine and imprisonment. It 
shall be the duty of all persons having charge of men 
in the construction of such railroads, to see that the 
provisions of this section are carefully complied with, 
and any negligence or want, of ordinary care on their 
part in relation to the same shall constitute a misde- 
meanor, and upon conviction thereof, they shall be liable 
to the penalties imposed by this section. 

Sect. 14. Any railroad company violating the require- 
ment of this act, shall be liable to a fine of one hundred 
dollars for each offense. 



APPENDIX. 



CERTIFICATE FOR BOUNTY ON WOLF OR WILD- 
CAT KILLED. 

Claimant's certificate. 

To the treasurer of . I hereby certify that on 

the day of A. D. 18—, at , in the 

state of Maine, I killed the the skin of which I 

now exhibit to you; and I claim the bounty allowed by 
law for killing- the same. 

Dated at , this day of A. D. 18—. 

Claimant. 



Subscribed and sworn to before me the day and year 
aforesaid. 

Treasurer of 



Claimant's receipt. 

On this day of A. D. 18—, I received 

of treasurer of , dollars, 

being- the bounty allowed by law for killing the 

described in the above certificate. 

Claimant. 



Treasurer's certificate. 

I hereby certify that as required by law, I first cut 
off the whole of the ears and nose from the skin of the 

described in the foregoing certificate and destroyed 

the same by burning, and then paid to said the 

bounty for which I have taken his receipt as above. 

Dated at this day of A. D. 18—. 

Treasurer of . 

Subscribed and sworn to before me the day and year 
aforesaid. 

■ Justice of the Peace. 

(Note. There is not uniformity of blank complaints and 
warrants sold and in use. All of them, so far as I have 
observed, are good. The many complaints that are 
quashed or dismissed by the courts on appeal are gen- 
erally defective in that the offense tsought to be charged 
is not legally stated. By following closely these forms 
no mistake can be made.) 



43 



SKELETON COMPLAINT WHICH MAY BE 
INSERTED IN ANY WARRANT. 
Form 1. 

STATE OF MAINE. 

County of ss. 

To Esquire, a trial justice in and for the 

county of , L. T of , in the 

countv of , in behalf of said state on oath 

complains that C. D of in the county 

of on the day of A. D. 1900, 

at in the county of *did 

unlawfully hunt, chase, catch, kill and have in posses- 
sion one caribou and parts thereof, 

* against the peace of said state and contrary to the 
form of the statute in such case made and provided. 

Wherefore, the said L. T prays that the said 

C. D may be apprehended and held to answer 

to this complaint, and be further dealt with relative to 
the same according to law. 

Dated at in .said county of this 

day of A. D. 1900. 

Trial Justice. 

STATE OF MAINE. 

County of ss. Then the above named L. T 

personally appeared and made oath to the truth of the 
above complaint. 

Before me, Trial Justice. 

Warrant. 

STATE OF MAINE. 

County of ss. 

To the sheriff of said county of or either of 

his deputies, and to either of the constables in any town 
in said countv, or to any inland fish and game warden, 
(L. S.) Greeting: 

You are hereby required, in the name of the state of 
Maine, forthwith to arrest and bring before me, the sub- 
scriber, a trial justice in and for said county, or to some 
other trial justice in and for said county, the said C. D. 

named in the foregoing complaint, which is 

referred to as a part of this warrant, to answer to said 
state for the offense set forth in said complaint of said 

L. T , this day made on oath before me, said 

justice; and to summon and both of said 

,to appear and give evilence touching the sub- 
ject matter of said complaint when and where you shall 
have the respondent. 

Given under my hand and seal at in said 

county of , the day of in the year, 

A. D 

Trial Justice. 

No. 2. Taking same or birds on Sunday. 

Follow No. 1 to first *, then say "did then and there 
hunt, chase, catch and kill one deer" (or one moose or 
one pair of game birds as the case may be) then close 
as in No. 1 from second *. 



No. 3. Taking trout in close time. 

"On the day of , fished 

for and took fifteen trout, the same not being blue -back 
trout; against, etc., and contrary, etc. 

No. 4. Exposing fish for sale in close time. 

On the day of had in his 

possession with intent to sell, and expose for sale, three 
land-locked salmun; against, etc., and contrary, etc. 

No. 5. Killing trout less than five inches in length. 

With force and arms caught, killed and destroyed ten 
trout, each of which was less than five inches in length; 
against, etc., and contrary, etc. 

No. 6. Using a trawl, weir, hedge, trap, etc., in cap- 
ture of fresh water fish. 

With force and arms used a trawl, (or whatever the 
device may be) for the capture of black bass, and then 
and there captured twelve black bass with said trawl 

from the pond in said , the same being 

a fresh water pond, and said black bass being fresh 
water fish; against, etc., and contrary, etc. 

No. 7. Hunting and killing deer with dogs. 

With force and arms did hunt with dogs and with 
them did kill and destroy one deer; against, etc., and 
contrary, etc. 

No. S. Killing deer in close time. 

With force and arms killed and destroyed one deer; 
against, etc., and contrary, etc. 

No. 9. Killing more than two deer. 

Then and there with force and arms did kill and des- 
troy and have in his possession between the first day of 
October and the fifteenth day of December, to wit on 
the day of November, A. D three deer. 

No. 10. Transporting carcass of deer killed in close 
time. 

Transported from to the carcass of a 

deer which was killed between the fifteenth day of 
December and the first day of October, to wit on the 
day of September against, etc., and con- 
trary, etc. 

No. 11. Transporting part of a moose, privily. 

Transported part of a moose, to wit from 

to , the same not being open to 

view, or plainly labelled with the name and residence of 
the owner thereof, and not being accompanied by the 
owner thereof, and not having then and there the evi- 
dence of the sex of the moose attached thereto. 

No. 12. Provision dealer selling deer at retail without 
license. 

Then and there being a provision dealer having an 
established place of business, said , and not hav- 
ing procured a license of the commissioners of inland 
fisheries and game to carry on the business of buying 
and selling deer, had in his possession three deer, and 
then and there sold the same at retail to his local cus- 
tomers, against, etc., and contrary, etc. 

No. 13. Having a jack light in possession in hunters' 
camp or lodge. 

Then and there in a certain camp, lodge, and place of 

resort for hunters called had in his possession 

a jack light, so ealled; against, etc., and contrary, etc. 



45 



No. 14. Taking- partridge with snare, etc. 

With force and arms did take one partridge with a 
snare or trap (or whatever the device may be;) against, 
etc., and contrary, etc. 

No. 15. For keeping a sporting camp, lodge, or place 
of resort without being licensed. 

Did then and there keep a sporting camp, lodge and 
place of resort for inland hunting and fishing parties, and 
not having procured a license therefor from the com- 
missioners of inland fisheries and game; against, etc., 
and contrary, etc. 

No. 16. For engaging in the business of hunting and 
trapping without being licensed. 

Did then and there engage in the business of hunting 
and trapping the fur bearing animals of the state, said 

being an unorganized township and on tne wnu 

lands of the State, and not having procured a Mcense 
therefor from the commissioners of inland fisheries and 
game; against, etc., and contrary, etc. 

No. 17. Guiding without a license. 

Did on the day of A. D. 1900, and on 

divers other days between said day of 

A. D. 1900, and the day of the signing of this complaint, 

at in the county of 

unlawfully engage in the business of guiding for inland 
fishingand forest hunting, and not being thenand there a 
registered guide either for inland fishing or forest hunt- 
ing, and not having before engaging in the business of 
guiding as aforesaid caused his name, age and residence 
to be recorded in a book kept for that purpose by the 
commissioners of inland fisheries and game, and not hav 
ing then and there procured a certificate from sairi com- 
missioners setting forth in substance that he is deemed 
suitable to act as a local or a general guide either for 
inland fishing or forest hunting; against, etc., and con- 
trary, etc. 



(Form of petition to close streams, lakes or ponds.) 

To the Commissioners of Inland Fisheries and Game. 
Augusta, Me. 

The undersigned, residents and taxpayers of 

in the county of , respectfully represent that in 

our .-judgment the best interests of the State require that 
there should be additional close time on the following 
described waters, viz : 

(Here fully describe them.) 

We therefore ask that such action be taken by your 
board, after notice and hearing, as you shall deem best, 
in accordance with the statutes in such case made and 
provided. 

Dated at this day of A. D., 189.... 

Name. Residence. Occupation. 



FEES. 
The fees for wardens and trial justices are the same 
in all fish and game cases as for sheriffs, deputy sheriffs, 
constables, and trial justices in other criminal actions. 



Table of Fees. 

Trial Justice. 

Receiving complaint and issuing a warrant 50c 

Summons 10c 

Entry, swearing witnesses, rendering and record- 
ing judgment, taxing costs, and filing papers.. 75c 
Mittimus 25c 

Officers' Fees. 

Service of warrant 50c 

Travel per mile (one way) 12c 

Summoning one witness 50c 

Travel for summoning witnesses per mile (one 

way) 12c 

Conveyance of prisoner (5 miles) $100 

Attending court 24 hours 150 

An aid may be employed when necessary and allowed 

compensation. Witnesses are entitled to 12c per mile, 
one way, and 50c per day for attendance. Wardens may 
compel bystanders or onlookers to aid them in making 
an arrest. R. S., ch. 80, sec. 56. 



INDEX. 



PAGE 

Annual close time for fish }"* 

Annual close time for game birds 1* 

Agents, commissioners may appoint -,. i, 

Androscoggin county, protection of dee) 1 and fish in. ..6-14-15-21 

Aroostook county, protection of fish in 16 

Birds, game, close time on and insectivorous 11-12-U 

Bull moose, protection of, etc 5_g- }.2 

Beaver, protection of -' 

Bond of wardens, and when game is seized 9-27 

Blue-hack trout, protection of 

Commissioners, appointment, duties, and powers of 31 

Carihou, protection of *» 

Cumberland county, protection of deer and fish in 6-14-lb 

Commissioners to take birds, nests and eggs. 24 

Cusk, commissioners may grant permits to take 13 

Capercailzie, protection of 1-J 

Certificates and licenses, commissioners may revoke. . . 26-30 

County attorneys shall prosecute 30 

Calf moose, defined and protection of 5 

Camps, sporting, must be licensed -* 

Certificates of guides, etc. . . : 24-25-26 

Crows 12 

Cross island, protection of deer on 7 

Deer, protection of and in certain counties. 6-7 

Deer may be killed in September for food 

Dogs, use of prohibited, may be killed 8 

Dynamite, use of forbidden 22 

Dams and fish ways 33 

Duck, protection of H 

Deer skins, licenses to sell and deal in 26 

Eels, commissioners may grant permits to take 13 

Evidence, prima facie 8 ~}?~r^ 

Exempted waters 35-36 

Franklin county, protection of fish in 13-16-17-20-21 

Fish, protection of and use of spawn forbidden 13 to 24 

Fish, transportation of, introduction of prohibited 22-23 

Fishways and dams 

Fish, artificial propagation of 36 

-Fish and game wardens, appointment,powers and duties 27-28 

Fisher, protection of 27 

Fires and forestry laws 38 

Fees, collection and disposal of 28-29-30 

Great pond, av hat it is 4 

Grapnel, use of prohibited 22 

Game birds defined, also game animals 28 

Game or birds shall not be given away 9 

Guides, registration of 26 

Hancock county, protection of fish in 14-15-17 

Hawks 12 

Hunters, professional, licenses of 24 

Isle au Haut, protection of deer on 7 

Insectivorous birds, protection of 12 

Jack lights, use of forbidden and contraband when 8-12 

Jurisdiction of courts and trial justices 28 



PAGE 

Kennebec county, protection of deer in, and fish .. .6-13-14-18-20 

Knox county, protection of deer and fish in .6-15-19-21 

Lincoln county, protection of deer and fish in 6-15-18 

Land locked salmon, close time on 13 

Larks, protection of . 12 

Licenses 6-10-24-25-26 

Moose, protection of 5 

Minnows for bait, taking of 21 

Muskrat and mink, protection of, etc 13-27 

Merry meeting bay, protection of ducks in 12 

Nets.'use of and contraband when 22-23 

Non-residents must employ guides in certain cases. ... 6 

Non-resident guides, fee of 26 

Oxford county, protection of fish in 13-14-18-20-22 

Orioles 12 

Penobscot county, protection of fish in 15-19 

Piscataquis county, protection of fish in 18-21 

Penalties, how collected and disposed of 5 to 9-11-22 to 29 

Pickerel, permits to take 13 

Partridge and plover, close time on 11 

Provision dealers must be licensed to retail deer 25 

Penobscot river, use of drift nets on 23 

Participant compelled to testify 30 

Park purposes— game and birds for 32 

Quail, protection of 11 

Ruffed grouse, protection of 11 

Robins, protection of 12 

Sagadahoc county, protection of deer in 6 

Somerset county, protection of fish in 14 18-19-22 

Screens, commissioners may put in 33 

Spears and seines, use of prohibited 22 

Set lines, use of prohibited except in ice fishing 22 

Suckers, permits to take in closed waters 13 

Snipe, swallows, sparrows (English) protection of 11-12 

Sable, protection of 27 

Sunday close time. 7 

Search and seizure of game, birds, fish, etc 9-23-27 

Sporting camps, must be licensed 24 

Salmon and trout, length of and defined 23-35-36 

Snares, use of forbidden 8 

Service of warrants 29 

Spoon hooks and spinners may be used 22 

Smelts may be taken for food purposes 21 

Trout and togue, close time on 13 

Taxidermists, appointment of 24 

Transportation of moose, deer, birds and fish.. 8-9-10-11-12-22-25 

Tributaries, what are.. 19 

Trawls and traps, use of prohibited 22 

Tags to send birds, game and fish 10-25 

Tern, protection of 11 

Trial justices, jurisdiction of 28 

Washington county, protection of fish in.. 14-15-19 

Waldo county, protection of deer in 6 

Wolves and w ildcats, bounty on 27 

Weir, use of prohibited 22 

White fish, permits to take 13 

Woodcock and woodpeckers, close time on 11-12 

Wardens, appointment, powers and duties of 27 

Wildlands, what are, and camping out on 6 

York county, protection of deer and fish in 6-15-19 



NOV 



8 1899 



